Legal Analysis Of Civil Flight Delay

Flight delay is the most common phenomenon in civil aviation transportation service. There is a lot of elements that cause flight delay, such as bad weather, mechanical bug, air traffic control etc. which has always been a serious problem in the production process of every carrier. Althouht the flight delay has become a nightmare to every passenger, who isn't well aware that it is impossible for carries to solve this problems completely. Since no clear compensation standard exists in the Civil Aviation Law of the People's Republic of China by now, the parties do not understand the relevant nature and liabilities so well, which become a reason for carriers to take use of their relatively strong legel position to perform their duties initiatively and become a barriers for passengers to present proper claims, so the legel disputes between carriers and passengers is becoming popular and never stop. Therefore, the key point is to make sure the legal nature and liabilities of flight delay. The thesis attempts through legal perspective from basic transportation contracts to analysis the carriers's legel responsibility, which is essential to solve the legel disputes of air passenger transport contract. The thesis consists of four parts: The part one introduces the legel concept of flight and passenger, and finally analysis the concept of flight delay in International Convention. The part two analysis the function of air passenger transport contract including air ticket and standard form.,and then confirm the scope and order of the legal application. The part three deals with the legel responsibility of carrier, and then analysis the doctrine of liability fixation to categorize reasonabel and unreasonable flight delay in order to define the condition, scope and content of the liability for breach of contract. The part four introduces the present situation and judicial practice of the aviation legislation in China and oversea including the advanced process and experience of foreign airlines. At last the thesis gives some own opinions on the current problems and developing trend,which will be beneficial to solve these disputes above.